NATIONAL BOULEVARD BANK OF CHICAGO v. MAKENS

Nos. 14263, 14272 and 14274.

370 N.W.2d 183 (1985)

NATIONAL BOULEVARD BANK OF CHICAGO, a National Banking Association, Plaintiff and Appellee, v. John J. MAKENS, M.B.I., Inc., a South Dakota Corporation, Makens Bros., a South Dakota Corporation, Shirley Makens, Administratrix of the Estate of Raymond Joseph Makens, deceased, Michael Robert Makens, Richard Makens, Clark County Cattle Company, Sharon Fanning, John F. Makens, personally and as Trustee of the John J. Makens-Elizabeth R. Makens Irrevocable Trust Agreement dated January 25, 1974, Frank Brandl, and Elizabeth R. Makens, Defendants and Appellees, and Clark County Cattle Company, Garnishee and Defendant and Appellee. CLARK COUNTY CATTLE COMPANY, Plaintiff and Appellant, v. M.B.I., INC., Michael Robert Makens, Richard Makens, and Shirley Makens, Administratrix of the Estate of Raymond Joseph Makens, Deceased, Defendants and Appellees, and John J. Makens, Cross-Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 19, 1985.

Rehearing Denied July 29, 1985.


Attorney(s) appearing for the Case

James C. Roby of Oviatt, Green, Schulz & Roby, Watertown, for plaintiff and appellant; Ross H. Oviatt of Oviatt, Green, Schulz & Roby, Watertown, on brief.

Richard H. Battey of Gallagher & Battey Redfield, for defendants and appellees M.B.I., Inc., Makens Bros., Michael Robert Makens, and Richard Makens.

John C. Quaintance of Quaintance, Swanson & Johnson, Sioux Falls, on brief, for defendant and appellee Shirley Makens, Administratrix of the Estate of Raymond Joseph Makens, Deceased.

Alan L. Austin and J. Douglas Austin of Austin, Hinderaker & Hackett, Watertown, on brief, for plaintiff and appellee National Boulevard Bank.


WOLLMAN, Justice.

FACTS AND PROCEDURAL HISTORY

This is an appeal by Clark County Cattle Company, one of the plaintiffs in this consolidated action. The other plaintiff, National Boulevard Bank of Chicago (Bank), obtained judgment against John J. Makens for $107,446.77. Bank is not appealing the judgment in its action; however, it served a notice of review (# 14272) supporting the appeal of Clark County Cattle Company. Defendants and appellees have also filed...

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